Moved out, left the place clean, and your deposit still hasn't shown up? Security deposits are governed by state law, and most states give the landlord a strict deadline to return your money, or send an itemized list of deductions. This guide explains how the rules generally work and how to get your deposit back.
Your state's return deadline
Most states require the landlord to return the deposit, or mail an itemized statement of deductions, within a set time after you move out, commonly 14 to 30 days (some are shorter or longer). Miss the deadline, and many states make the landlord forfeit the right to keep any of it, and sometimes owe you a penalty. Check your state's exact deadline with our rights tool.
What a landlord can (and can't) deduct
A landlord may generally deduct for:
- Unpaid rent and agreed-upon fees.
- Damage beyond normal wear and tear (a broken window, not faded paint or worn carpet).
- Cleaning to return the unit to its move-in condition, where the lease requires it.
They generally cannot deduct for ordinary wear and tear, or for pre-existing damage you documented at move-in. Many states also cap the deposit itself, often at one to two months' rent.
Put your forwarding address in writing
In some states the return clock only starts once the landlord has your forwarding address in writing. Send it, along with your move-out date, in writing and keep a copy so the deadline can't be delayed.
Send a demand letter
If the deadline passes, send a written demand for the deposit. State your move-out date, the amount owed, your forwarding address, and a deadline to pay (for example, 10 days). A clear, dated demand often gets the money back without court, and it's usually expected before you sue. Our security-deposit demand letter fills this in for you.
If they still won't pay
You can sue in small claims court, which is fast, low-cost, and usually needs no lawyer. In many states, a landlord who wrongfully withholds the deposit owes you extra damages, sometimes two to three times the amount, plus court costs, so it's often worth pursuing. Bring your lease, move-in and move-out photos, and the demand letter.
Frequently asked questions
How long does my landlord have? It's set by state law, commonly 14 to 30 days after you move out. Check yours with our rights tool.
Can they keep it for normal wear and tear? No. Fading, minor scuffs, and worn carpet are normal wear, not deductible damage.
What if I never got an itemized list? In many states, failing to send an itemized statement on time means the landlord loses the right to keep any of the deposit.